2015 (12) TMI 913

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....t No.1 - Muktinath Airlines Private Limited is the owner of a Helicopter Robinson R44 Raven II. The petitioner contends that the respondent No.1 - Company executed a power of attorney dated 20th June, 2013 authorising the respondent No.2 - Galaxy Aviation Incorporation Private Limited to sell the said Helicopter. A Memorandum of Understanding (for short "MOU") dated 4th July, 2013 was entered into between the respondent No.1 and the respondent No.2 incorporating the terms for the sale of the Helicopter. The petitioner states that on 17th July, 2013 a MOU was executed between the petitioner and the respondent No.1 represented by its power of attorney i.e. respondent No.2 for sale of the Helicopter in question. The price was agreed upon and a....

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....ed. 4. The respondent No.2 has chosen not to appear before the Court. The respondent No.1, who is represented, has filed an affidavit contending that in terms of MOU dated 4th July, 2013, between the respondents, it was agreed that if the respondent No.2 failed to make payment within one month from the date of the MOU (i.e. 4th July, 2013) then the said MOU would stand terminated. It was stated that the respondent No.2 had failed to make such payment and, therefore, the MOU between the respondents dated 4th July, 2013 had become non-est in law. The respondent No.1 has further contended that it is not bound by the MOU dated 17th July, 2013 as it was not a party to the same. It is the further contention of the respondent No.1 that the powe....

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....he grounds on which the respondent No.1 seeks to resist the appointment of an arbitrator, namely, that the period contemplated under the MOU dated 4th July, 2013 (one month) within which payment was to be made to the respondent No.1 by the respondent No.2 is over; that clause 12 and clause 19 of the MOU dated 4th July, 2013 had been materially altered by changing the period of payment from one month to three months; and further that the power of attorney was forged by the respondent No.2 are questions that cannot be gone into by the court in exercise of jurisdiction under Section 11(6) of the Arbitration Act. These are matters which can be raised before the learned Arbitrator and answered by the said authority. In this regard, Section 16 of....